PETER Vs. STATE OF KERALA

JUDGEMENT

(1.) These petitions are under S.439 Cr.P.C. Petitioners/accused in both the cases are accused of having committed offences punishable under S.20 (b) (i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act').

(2.) In Crl. M.C. 253 of 1993 the allegation against the petitioner is that he kept 8.5 Kgs. of Ganja in two bags in his almirah in his house on 30-8-1992 and was recovered by the Circle Inspector of Police, Adimali. The allegation against the petitioners in Crl. M.C. 267 of 1993 is that they were found holding packets containing ganja at 9.30 p.m. on 14-10-1992. Petitioner in Crl. M.C. 253/93 was arrested on 30-8-1992 and petitioners in Crl. M.C. 267/93 were arrested on 14-10-1992. It is alleged that ever after that the said petitioners are in custody. According to the petitioners, Sec.37 of the Act is not applicable to this case as the period fixed in the proviso to Sec.167 (2) of the Cr. P. C. is over. Reliance was placed on the decision in Berlin Joseph @ Ravi and another vs. State and others, 1992 (1) KLT 514 (F.B.) = 1992 (1) KLJ 369 It is also contended by them that, since Sec.37 is applicable only to cases where the minimum sentence is five years, and as in the case of an offence punishable under S. 29 (b) (i) of the Act is not punishable with a minimum sentence of five, the offence punishable under S. 20 (b) (i) of the Act will not attract S. 37 of the Act. In support of the said argument, reliance was made on the decision in A. V. Dharmasingh vs. State of Karnataka, 1993 Crl.L.J. 94..

(3.) As regards the contention on the basis of the decision in Berlin Joseph's case, 1992 (1) KLT 514 (F.B.) = 1992 (1) KLJ 369 since in both the cases final reports have already been submitted, the restriction in the proviso to Sec.167 (2) of the Cr.P. C. is not applicable; Section 167 Cr.P.C. governs only investigation. As noticed, in both the cases since the investigation is over and final report having been submitted under S. 167 Cr.P.C. is not applicable.